ALPA’S GLOBAL STRATEGIC PLAN It’s a Small World, After All

For most of human history, the idea of traveling across the globe was unimaginable. Until just a few decades ago, global transportation was expensive, slow, and uncomfortable. We’ve come a long way. On June 2, a crew flew an 8,500-mile flight from Atlanta to Johannesburg—a more than 15-hour nonstop jour- ney that connected two distant cities. Technological progress is rapidly shrinking the limits of ge- ography and imagination. While international air transport was born at a time when politics was going global, only now do we have the aircraft to properly achieve the dream. Like it or not, issues on the other side of the world matter to all ALPA pilots—and simple awareness is no longer enough. The movement of goods and services—fueled by the movement of capital—is global. Yet labor remains local, tied to each country by geographic and political boundaries. We must change the scope of labor, including our assumptions about our jobs and ourselves. This issue of Air Line Pilot is shining a spotlight on a host of issues that affect pilots across ALPA. No matter what you fly or where you fly it, these issues—and these reports—matter to you.

16 Air Line Pilot June/July 2009 ALPA’S GLOBAL STRATEGIC PLAN An Interview with DOT Secretary LaHood

efficient system, so I want to resolve I’m extremely proud of what By ALPA Staff the outstanding labor issues through the DOT has been doing n late 2008, when the news media agreements that are fair to both the Ato accelerate our nation’s announced President-Elect Barack government and the employees. Fi- economic recovery. About $38 billion IObama’s pick for secretary of trans- nally, at the DOT we hear complaints of the $48 billion in transportation- portation, ALPA’s president, Capt. John every day about lost baggage, canceled related Recovery Act funds have already Prater, praised Rep. Ray LaHood (R-Ill.), flights, tarmac delays, and so forth. been put to work by states, transit dis- saying, “We congratulate Congressman Commercial aviation exists to serve its tricts, and airports. For example, in the LaHood and look forward to working passengers and shippers. We have to first six weeks after the Recovery Act with him and the new administration, work together to improve that service. became law, 4,300 highway and bridge to continue to advance aviation safety, projects were advanced to construction. make flying as secure as possible, and One of your stated The highway portion of our efforts alone position the U.S. airline industry and goals in implementing will support 150,000 jobs. And nearly all its workers to gain strength and to Q President Obama’s of the $1.1 billion in airport grants-in- prosper in the future.” In June 2009, priorities for transportation is re‑ aid have been approved for more than ALPA sat down with Secretary LaHood storing economic health and 250 airport infrastructure projects across at the Department of Transportation creating jobs. What is the DOT the country. But we’re not just throwing offices in Washington, D.C., to get his doing to facilitate this? money at problems—we’re committed feedback on topics important to the Association and its members.

Air Line Pilot: As secretary of the Department of Q Transportation, what are your top priorities for the U.S. airline industry for the next 4 years? Secretary LaHood: Well, of course, at the Depart- Ament of Transportation our highest priority in aviation is safety. Although the overall record of commercial airline travel has been excellent, we’ve had some recent wakeup calls that show that we can’t take that record for granted. The DOT and the FAA will continue to work every day to ensure that we have the safest aviation system in the world. I am also committed to NextGen [the Next Generation Air Transportation System]. It’s really crucial to increas- ing the capacity and efficiency of our airspace—and at the same time re- ducing energy needs, lessening envi- Secretary LaHood ronmental impacts, and improving addresses attendees at an the safety of flight. We have to move Aero Club luncheon in forward aggressively on that. Third, Washington, D.C., in June. we need to retain at the FAA a world- class workforce to operate a safe and PHOTOS: CHRIS WEAVER

June/July 2009 Air Line Pilot 17 ALPA’S GLOBAL STRATEGIC PLAN

“NextGen is obviously to invest in the equipment they need among our highest to use NextGen and align that with our procedures and ground infrastruc- priorities…. As we ture investments. The FAA is working develop our NextGen through the RTCA to make sure that plans, it’s crucial happens. that we look at the The American Recovery capabilities and and Reinvestment Act priorities of the Q of 2009 has allowed the aircraft operators DOT to channel hundreds of mil‑ to invest in the lions of dollars to improve aviation infrastructure. Are there limitations equipment they need on the use of these funds, and how to use NextGen and will airports use the bulk of this align that with our money? procedures and The Recovery Act provides a total of $1.1 billion for ground infrastructure Adiscretionary grants to investments.” airports, with the federal share of the grants at 100 percent. This funding to maintaining accountability, transpar- terests. Right now, unions serve impor- is treated as purely discretionary, not ency, and responsiveness in what we do. tant roles on advisory committees and subject to Airport Improvement Pro- That means bringing in projects on time, provide useful public comment on pro- gram (AIP) formulas, apportionments, under budget, and by the book. posed policies and regulations. Among or minimum set-asides. That said, other activities, ALPA participates in regular AIP grant conditions, certifica- What are your views on relevant aviation rulemaking advisory tions, and assurances, such as those the current rules regard‑ committees and RTCA [formerly the related to Disadvantaged Business Q ing airline cabotage and Radio Technical Commission for Aero- Enterprises, do apply. Funds are the foreign ownership of ? nautics] forums, including a current intended to supplement and not The answer is quite simple. one on NextGen implementation. This supplant existing appropriations Congress has enacted stat- is also why I’m so pleased that we have for the airport grants program. The Autes that govern how, and [former ALPA president} Randy Babbitt Act requires that priority be given to what extent, foreign interests can as our new FAA administrator. His vast to projects that will be completed in invest in U.S. airlines. It has also pro- experience on labor issues will make two years. Half of the funds must be hibited foreign airlines from carrying him an invaluable member of our obligated within 120 days of enact- cabotage traffic. My responsibility is leadership team at the DOT. ment, with the remaining 50 percent clear: it is to employ the DOT’s resourc- obligated within one year. As a result, es to enforce these laws—an obligation Where do you rank the preference was given to those proj- that I take most seriously. funding and implemen‑ ects that were “ready to go,” which is Q tation of NextGen in the defined as projects that have already Does labor play a role in current list of DOT priorities? What completed a variety of prerequisites, DOT policymaking and, element of NextGen do you feel is such as environmental reviews, and Q if so, how? most important? can start construction within 30 days Of course. Labor is one of NextGen is obviously of grant award. Also, the vast majority, the critical stakeholders among our highest priori- more than 85 percent, of the projects Ain providing transporta- Aties, as I mentioned earlier. are high-priority airside projects to tion services, and we can’t formulate As we develop our NextGen plans, it’s preserve critical runway, taxiway, and the policies to improve those services crucial that we look at the capabilities apron capacity or to address safety without talking with—not at—labor in- and priorities of the aircraft operators and security concerns.

18 Air Line Pilot June/July 2009 ALPA’S GLOBAL STRATEGIC PLAN Pay No Attention to the Foreign Owners Behind the Curtain

approximately 75 percent of the airline’s has not been disclosed, news accounts By John Perkinson, Staff Writer voting stock. London-based Virgin suggest that they were at least in part ealthy competition in any Group, Ltd., has controlled the bulk of from a British investor.” The Associa- given marketplace requires the airline’s remaining equity. What’s tion of Flight Attendants-CWA and the Hparticipants to play by baffling about this arrangement is that, Aircraft Mechanics Fraternal Association the rules. So when under the terms of the British group’s made similar filings to the DOT. petitioned the U.S. Department of agreement with the U.S. investors, these Responding to these concerns, coun- Transportation (DOT) on Feb. 10, 2009, latter shareholders, after a period of sel for Virgin America noted, “As Virgin asking for a public inquiry to deter- time, can exercise the option to “put” America stated in its answer, and as mine if Virgin America still meets for- their interest—i.e., sell their stakes— eign ownership and control restrictions back to the Virgin Group. The DOT It appears that on U.S. airlines, Alaska was asking for a approved this odd arrangement during Virgin America’s regulatory instant replay. It’s true that the previous presidential administra- U.S. citizenship the Virgin America and Alaska Airlines tion. However, if the option is exercised, is a fairy tale…. markets overlap by approximately 25 it would directly conflict with foreign percent, but there is more to Alaska’s ownership and control laws. petition than concern about market- “Virgin America has been losing the Department is aware, a decision to place competition. “The Alaska Air money at a rapid rate since beginning exercise the puts (or the right to trans- Group Labor Coalition, which represents operations in August 2007,” asserted fer financial interest back to the Virgin more than 9,000 unionized employees Russ Bailey, senior attorney in the Group) does not disqualify Virgin at Alaska Airlines and , Association’s Legal Department, in America as a U.S. citizen.” believes there is more than enough ALPA’s February 20 answer to the In a March 10 article, The Wall Street compelling evidence for a public Alaska Airlines petition. “The airline Journal announced that “the U.S. inves- review of Virgin America’s citizenship would likely have run out of money last tors last week exercised their option to status,” said Capt. Sean Cassidy, the year had it not received loans for $112 sell, and Virgin Group has already paid Alaska pilots’ Master Executive Council million. While the source of the loans them….” vice-chairman and a member of the “This scheme, if allowed, would Labor Coalition. “It is critical that the permit Virgin America to operate under Department of Transportation ensure THE sQUEAKY a completely different set of ownership all domestic carriers fully and openly rules, giving it a significant unfair and comply with U.S. law regarding foreign wHEEL unlawful advantage over U.S. airlines, ownership and control. A failure to do Following the ALPA and Alaska thereby jeopardizing U.S. jobs,” ALPA’s so creates an uneven playing field that filings, Rep. James Oberstar (D- first vice-president, Capt. Paul Rice, jeopardizes American jobs.” Minn.), chairman of the U.S. told the Association’s Executive Board At issue is the law that requires House Committee on Transpor­ at its April 28 meeting. U.S.-based airlines to limit foreign tation and Infrastructure, wrote to And there’s no denying the Virgin ownership of their voting interest to the U.S. Department of Transpor- Group’s influence over the U.S. airline. 25 percent and to be under the actual tation stating his concerns about The Virgin Group funded the start-up, control of U.S. citizens, and whether Virgin America’s citizenship status sought investors, and licenses the Virgin America can clearly demonstrate and requesting a comprehensive Virgin brand to Virgin America. that it’s complying. A series of news review of the airline’s ownership The bottom line is that it appears articles have suggested that the airline’s structure. DOT Undersecretary that Virgin America’s U.S. citizenship is two majority holding U.S. private for Policy Roy Kienitz responded, a fairy tale and that the airline is not in equity funds have sold their economic informing the congressman that full compliance with the laws that gov- interests, perhaps overseas. the DOT is investigating transac- ern its domestic operation. ALPA and Since the privately held Virgin Amer- tions proposed earlier this year its co-petitioners do not intend to let ica opened its doors 2 years ago, hedge involving the U.S. shareholders of this injustice stand. Virgin America can funds Cyrus Capital Partners LP and Virgin America. seek other U.S. investors, but it cannot Black Canyon Capital LLC have held continue to play by its own rules.

June/July 2009 Air Line Pilot 19 ALPA’S GLOBAL STRATEGIC PLAN It’s Time to Pass the FAA Reauthorization Bill

including issues ranging from pilot May 13. “ALPA advocates a complete By ALPA Staff fatigue to proactive aviation safety overhaul of the regulations based on here is a good chance that reporting programs. science. We support language in the Congress will pass a bill that reauthorization bill that directs the FAA Twill include a number of Fatigue to collect new data and use it to recon- ALPA initiatives highlighting fatigue, The bill requires a detailed study of struct flight and duty regulations that foreign ownership, and modernizing pilot fatigue by the National Academy take into account current airline and U.S. airspace, among other things. of Sciences and a requirement to up- aircraft operations.” It’s almost as if ALPA helped craft the date regulations on flight time and rest language in the bill. requirements, as appropriate. Foreign control ALPA has been in the thick of things, “Because of the airlines’ difficult eco- H.R.915 also includes improved run- reaching out to decision-makers— nomic environment, airline pilots are way safety measures and a reiteration educating, informing, and influencing now flying right up to the FAA regula- of U.S. airline citizenship requirements, those who have the ability to change tory limits for flight and duty time. The as well as a labor provision within the the tide. And with the union’s re- current FAA limits are outdated and Government Accountability Office nowned expertise, ALPA’s recommen- may lead to unsafe conditions,” Prater study on the effect of antitrust laws dations found their way into portions testified before the Subcommittee on and airline alliances. of the all-encompassing bill—H.R.915, the FAA reauthorization bill. The effect of the bill on ALPA line During a U.S. Senate Aviation pilots will be positive. It addresses Operations, Safety, and Security many long-standing hot-button topics Subcommittee public hearing on that have been unheard or ignored for the FAA reauthorization bill, ALPA’s nearly a decade and some relatively president, Capt. John Prater, new issues that need to be dealt with addresses a few of ALPA’s top now. A version of the bill has been safety priorities. stalled for nearly 2 years. However, on May 21, H.R.915 made it through the U.S. House of Representatives by a vote of 277–136. Now its fate is in the hands of the Senate. With a new adminis- tration and a significant change in Congress, ALPA is hopeful the bill will become law by the end of this summer. As it stands today, the bill would au- thorize $70 billion for the FAA through September 2012. It would also require a study on pilot fatigue and a study on airline pilot training and certification. ALPA continues to do its part to educate lawmakers on the critical op- portunities to advance safety through this bill. During a U.S. Senate Avia- tion Operations, Safety, and Security Subcommittee public hearing on the FAA reauthorization bill, ALPA’s presi- dent, Capt. John Prater, addressed a few of ALPA’s top safety priorities that fall within the union’s strategic plan, CHRIS WEAVER 20 Air Line Pilot June/July 2009 “ALPA strongly calls for the inclu- sion of language affirming that U.S. During the past 2 years, Capt. Prater has testified six times citizens must control key operational FACT before the U.S. House of Representatives on specific issues aspects of U.S. airlines,” Prater stated. contained in H.R.915. Capt. Rory Kay (United), ALPA’s Executive Air Safety Chair- “ALPA supports clarifying that fleet man, and Capt. Mary Ann Schaffer (United), chairman of ALPA’s President’s Task composition, route selection, pricing, Force on Aviation Sustainability and the Environment, have also testified as ALPA and labor relations are among the oper- expert witnesses on modernizing the U.S. national airspace system and on aviation ational elements that the Department and its effect on the environment. Congress turns to ALPA for both official testi- of Transportation must ensure that U.S. mony and staff research regarding the issues that affect all airline pilots. citizens control.”

Voluntary safety reporting have been suspended because of mis- threat to airline pilots and their liveli- programs used reports. ALPA is asking Congress hoods. ALPA urges Congress to swiftly Prater stated ALPA’s adamant view that to strengthen protections around vol- adopt a national energy policy that will fostering a safe air transportation sys- untarily supplied safety information increase jet fuel supply, reduce rampant tem requires a foundation of voluntary, against misuse for discipline, FAA sanc- oil investor speculation, and hold the nonpunitive safety reporting programs tion, or litigation. line on new fuel taxes, charges, and fees. that are based on trust. Some programs U.S. senators listened attentively to Airspace modernization ALPA pilots have long advocated mod- ernizing the nation’s airspace, which will help return U.S. airlines to profit- FATIGUE ability. The process must be done right the first time—it will be a complex, “ALPA advocates expensive, and long-term endeavor. a complete ALPA believes that all users will benefit overhaul of the from a safe, modern system and that all should bear a fair share of the cost. regulations based on science.” Other issues Prater also identified several top ALPA —Capt. John Prater, issues that have yet to be addressed ALPA President by Congress. “Many all-cargo aircraft currently operate without flightdeck doors, a critical layer of safety for pilots who, along with cargo, often fly ani- Prater’s testimony, as transportation mal handlers and couriers who are vet- safety has become a top priority. ted using only limited ground security Unfortunately, it sometimes takes a procedures,” he said. “Whether cargo high-profile tragedy to get the deserved or passenger, all airline operations must attention. The Colgan Air Flight 3407 be afforded one standard of safety and accident certainly raised awareness of security. We call on Congress to ensure many long-standing ALPA priorities. that all-cargo aircraft are equipped During the May 13 hearing, Subcom- with reinforced flightdeck doors or an mittee Chairman Byron Dorgan equivalent of protection.” (D-N.D.) was vocal in his concerns regarding safety in the Fuel prices industry. Dorgan said that the Subcom- Prater also addressed the industry’s mittee would hold a hearing on safety financial health as spikes in the price in June, and ALPA has been invited to of jet fuel and scarcity pose the greatest testify. Stay tuned.

June/July 2009 Air Line Pilot 21 ALPA’S GLOBAL STRATEGIC PLAN Clear Air Turbulence New EU “Open Skies” Efforts Could Spell Dramatic Change for Canada, U.S.

in the case of the EU) would be permit- the ability of one airline to lease an By John Perkinson, Staff Writer ted to set up and control airlines in the aircraft and crew to another airline for anada and the European other country. In addition, Canadian an operational fee—to U.S. airlines on Union negotiated terms for and EU carriers would be granted “fifth domestic U.S. segments. Can air transportation agree- freedom” rights (as defined by the Chi- The two parties reached a first-phase ment that—if fully implemented— cago Convention of 1944), which allow agreement on April 30, 2007, which could radically alter the complexion of an airline to travel to a second region, became effective March 30, 2008. The the Canadian airline industry. Mean- pick up passengers, and continue on to deal allows any airline of the two while, the EU is pressuring the United a third region where those passengers regions to fly between any point in the States to build on the momentum of could deplane. The final stage of the European Union and any point in the their first “Open Skies” agreement and agreement would sanction cabotage, . ease current foreign aircraft movement permitting the carriage of air traffic that The EU has characterized the Stage 1 and airline ownership restrictions. originates and terminates within the agreement as favorable to the U.S. and Canada, the U.S., and the EU are look- boundaries of a region by an airline has threatened to cancel it if the U.S. ing for ways to stimulate airline indus- from the other region. does not agree to more concessions on try investment and improve service for “Although these latter two phases are foreign operators of domestic routes the consumer. However, the reality of contained in the agreement, the Cana- and foreign ownership by 2010. How- these deals could have significant con- dian delegation stated that full owner- ever, the pact is already demonstrating sequences for airline workers, making ship of Canada’s air carriers by foreign its shortcomings and the possible for one rough ride. nationals, cabotage, rights of establish- motivation behind the push for further ment, and ‘seventh freedom’ rights (i.e., liberalization. Oh, Canada the authority of an airline to transport In late May, Canada and the EU passengers or cargo between two foreign Not-so-silver lining reached a four-stage agreement, subject countries without continuing service A prime example is the announcement to finalized treaty language that will to the airline’s country of origin) are by and of liberalize air travel between the two not within Canada’s air transportation their plan to enter into a joint venture regions. The first phase permits unre- policy and would require changes to air (see “United, Aer Lingus Plan Alter-Ego stricted travel between Canada and the policy, law, and regulation,” says Airline,” page 24). Using resources from 27-country EU, with no limits on ticket Al Ogilvie, ALPA’s Legal and Govern- both airlines and the Aer Lingus op- fares or the number of flights flown. ment Affairs representative. “No such erating certificate, the two companies The agreement also allows cargo car- changes are contemplated.” plan to offer service between Washing- riers to fly onward to third countries ton, D.C., and , Spain, starting from both the EU and Canada. Below the 49th parallel in March 2010, using third-party pilots. Implementation of the second, The latest round of Open Skies talks Not surprisingly, United CEO Glenn third, and fourth stages of the Canada/ between the U.S. and the EU began in Tilton has been a long-time proponent EU agreement won’t be as simple, May 2008, with the EU making little ef- of Open Skies with the EU. because the terms of all three require fort to conceal its objectives. EU Ambas- Members of U.S. ALPA and Irish government action to change current sador to the United States John Bruton, ALPA are outraged by this blatant out- laws and regulations. Stage 2 would in a March 27, 2009, presentation at sourcing maneuver and have signed adjust permissible foreign ownership the German Marshall Fund, said, “We a protocol agreement to combine re- levels, bumping the allowable propor- have entered the second-stage negotia- sources to defend their labor interests. tion of voting equity in a Canadian tions with a simple but clear mandate: airline from 25 to 49 percent. This complete the task of liberalization. Any The bottom line change can be made with relative ease remaining restrictions on routes and Concerns about further transatlantic by Cabinet Order and is expected to ownership of airlines (between the U.S. air transportation liberalization are occur sometime later this year. and EU) should be eliminated.” The EU numerous. The easing of foreign However, the third phase would is also pressing for the right of its airlines ownership­ rules would create new chal- authorize the right of establishment. to conduct cabotage operations in the lenges for national defense. The U.S. Investors from one country (or region, United States and to wet-lease aircraft— military relies on domestic commercial

22 Air Line Pilot June/July 2009 CABOTAGE? CRACKING THE CODE While U.S. federal law prohibits foreign cabotage, ALPA and operations during instances of national emergency, provided other industry stakeholders believe that a classic example has that U.S. airlines cannot satisfy “lift requirements.” The DOT recently been allowed to operate in our “national” backyard. did not try to apply that exception here. Rather DOT’s justi- The U.S. Department of Transportation last year authorized a fication noted that would carry “no one on the series of charter flights by Air Canada to provide transporta- flights that it has not carried, or will not carry, into or out of tion for the National Hockey League’s the United States under contract.” How- Boston Bruins during the 2008–2009 Cab o tage ever, ALPA and stakeholders, including season. The charter included dozens of the Association of Flight Attendants- (kab-uh-tahzh) n. flights between U.S. cities from Nov. 1, The exclusive right of CWA, argued in a March 16 letter that 2008, to March 15, 2009. a country to operate “Foreign air carriers are only permitted “We are mystified by this decision,” the air traffic within to hold permits authorizing them to wrote representatives from ALPA, the Air its territory. engage in foreign air transportation…. Transport Association, Ameristar Char- Prior cases allowing foreign airlines to ters, and the National Air Carriers in a letter to DOT Assistant flyforeign sports teams into the U.S. and then to a handful of General Counsel for International Law Donald Horn. “Section stopover points on a journey into and out of the U.S. simply 41703(c) [referencing Title 49 of the U.S. Code] states that do not provide an adequate basis for permitting a months- foreign aircraft may not take on for compensation, at a place long series of intra-U.S. flights for a U.S.-originating group.” in the United States, passengers or cargo destined for another The letter went on to point out that several U.S. airlines had point in the United States unless it is permitted to do so un- informed the group of concerned stakeholders that Air Canada der one of two exceptions not applicable to the proposed Air is planning to bid on other U.S. sports charters this year. ALPA Canada flights.” and the other letter cosigners stressed that “the United States Congressman James Oberstar (D-Minn.), chairman of the has long reserved domestic air transport for U.S. air carriers and House Committee on Transportation and Infrastructure, also their employees, and it is essential that it continue to remain wrote to then-Secretary of Transportation Mary Peters, urging consistent on this important policy issue.” the Department to revisit its decision on this matter. ALPA and other stakeholders continue to pursue this matter U.S. law does permit foreign airlines to provide intra-U.S. with DOT and legislators.—John Perkinson, Staff Writer

airlines for airlift during national emer- is not clear whether and how various forms on both sides of the Atlantic, gencies. Harmonizing the framework labor laws will apply to those pilots.” and to work together with its European of antitrust policy (e.g., to protect Other European airlines like Ryanair partners to consider solutions. In against predatory behavior) could also have used EU liberalization to shop for addition to labor groups, other U.S. produce a host of new problems. the most flexible labor policies, to mini- participants scheduled to attend However, of primary concern for mize employee compensation, and to include representatives from the U.S. airline pilots and other airline labor establish easily manipulated work rules. Departments of State and Transporta- groups are the labor loopholes offered The whipsawing scenarios created by tion, the National Mediation Board, to airline management and the new the EU umbrella are numerous. airlines, and airports. A previous EU- kind of pressure which with they could To address these and other concerns, U.S. Labor Forum was held in Washing- be used to drive down employee wages ALPA has been in continuous contact ton, D.C., in December 2008. and working conditions. with the European Cockpit Association Like the U.S. Airline Deregulation Act “Whereas pilots in the United States (ECA) to compare notes and discuss of 1978, the U.S.-EU Open Skies agree- are subject to the terms of the Railway a collective strategy. The ECA, which ment forecast transatlantic air service Labor Act, pilots of the EU answer to 27 represents more than 38,000 European with more competition and greater separate sets of labor laws—one for each pilots and flight engineers from the service for the customer. However, the EU member state,” says Russ Bailey, national flight crew associations of 36 clouds along the horizon suggest that senior attorney in ALPA’s Legal Depart- European countries, is also the umbrella airline management and investors may ment and the ALPA and the AFL-CIO organization for the European region of have something more up their sleeves. representative in the air service talks. the International Federation of Air Line At some point, lawmakers will have to “The consequences of this are well Pilots’ Associations. ALPA and the ECA decide if the airline industry is a vital illustrated by the establishment by understand that challenges to the piloting component of interstate commerce, of an alter-ego subsidiary profession are universal and that unity worth fostering and protecting, or just —the wittily named OpenSkies Airlines and solidarity will be required to prevail. another business market, subject to —to operate out of continental European ALPA will participate in the second fickle investor interest. ALPA will con- cities such as and . EU-U.S. Labor Forum, June 22–23, tinue to fight to ensure that issues like BA has employed pilots not on the BA in , Belgium, to examine the labor, safety, and security remain at the seniority list to staff OpenSkies, and it social dimensions of Open Skies re- forefront of the discussion.

June/July 2009 Air Line Pilot 23 ALPA’S GLOBAL STRATEGIC PLAN United, Aer Lingus Plan Alter-Ego Airline

new agreement with United to fend off a ed would put their code on the flights. By Capt. Steve Wallach, United hostile takeover bid by Ryanair. The two airlines began selling tickets Master Executive Council Chairman on this route in May, with operations n January 22, United Three-phase plan for joint scheduled to begin in March 2010. Airlines and Aer Lingus, an operation Phase II would add two more Aer OIrish airline, announced a As reported, United and Aer Lingus Lingus A330s to the operation, plus preliminary agreement that would have planned an evolving, three-phase new routes from U.S. gateway cities to markedly expand their existing code- arrangement. The first two phases secondary markets in Europe. share arrangement between the United would involve a type of business deal Phase III would involve a joint ven- States and Ireland. The proposed ar- not yet seen in the U.S. airline industry. ture to create a new European-based rangement was widely reported in the Phase I contemplates Aer Lingus oper- ­ airline in 2012, operating under its own European press but received limited cov- ating one A330 between Washington certificate, in which Aer Lingus would erage in the United States. Aer Lingus Dulles International Airport (IAD) and own a 51 percent stake and United was much more forthcoming than Madrid International Airport (MAD) would own a 49 percent stake. This new United, which tried to obscure the true in Spain with newly hired U.S.-based airline would take over and, over time, nature of the deal—an outrageous crews, working under what managements expand these transoceanic operations. attempt to circumvent the United and would characterize as “local terms and The parties expect that this new airline Aer Lingus pilots’ contracts and out- conditions” and we would call working would join the . source the flying to non-United senior- under substandard wages and working ity list and non-Aer Lingus seniority list conditions. United would provide the U.S. ALPA perspective pilots working at substandard wages and marketing and sales, and the two airlines Phases I and II would be neither code- working conditions. Irish press specula- would share the revenue generated on sharing nor revenue-sharing arrange- tion suggests that Aer Lingus made this those flights. Both Aer Lingus and Unit- ments as those terms have been com-

24 Air Line Pilot June/July 2009 monly understood in the United States. Code-sharing on international routes historically has meant arrange- BOD DELEGATE ments in which participating airlines COMMITTEE 7 connect passengers to each other’s How legislation and regulations affect ALPA’s members has never been flights but only derive revenue (be- so critical. This was demonstrated during ALPA’s October 2008 Board of yond booking fees) from flights that Directors meeting. Delegates of Committee 7 created a legislative and regu- they actually operate. In Phase I and II, latory agenda to guide the presentation of ALPA’s issues to the new admin- under this revenue-sharing agreement, istration, Congress, and Parliament, as well as government agencies such as United would be entitled to 50 percent the Federal Aviation Administration and Transport Canada and others that of the revenue derived from these hold the power to regulate the U.S. and Canadian airline industries. flights, even if these were operated on Delegates first agreed that the U.S. and Canada both need comprehensive Aer Lingus aircraft with non-Aer Lingus energy and transportation policies, which should include steps to reduce and non-United crews. fuel prices and volatility by Phase III would be, plain and simple, • increasing transparency in oil commodities trading to reduce the outsourcing or subcontracting United potential for rampant investor speculation, pilot work, further exacerbated by the • giving technology time to conquer our need to consume oil by fact that the carrier would be a low-cost developing alternative fuel sources, airline with its own certificate, owned • recognizing pilots’ and the industry’s contributions to the “Green” in part by United, and its employees movement, and would work under below-industry- • sheltering the airline industry from an increased tax burden. standard wages, benefits, and working Delegates also determined that ALPA must continue to oppose efforts conditions. This type of operation is to modify foreign ownership and/or control limitations that would not often referred to as “double-breasting,” benefit its members. Committee 7 tasked the Executive Board with staying and it certainly brings back memories on top of any efforts to expand foreign ownership and control of U.S. of Frank Lorenzo and New York Air. and —which you’ll read more about throughout this issue of Air Line Pilot—and gave it the authority to direct ALPA’s position Pilots’ response on these matters. The Aer Lingus and United pilots’ Finally, the delegates encouraged all U.S. pilots to participate in the ALPA leaders met shortly after their employ- Political Action Committee (ALPA-PAC), which is the best means to influ- ers’ joint announcement, and quickly ence policymakers on Capitol Hill. The 2008 elections illustrated just how reached the conclusion that this pro- PAC dollars work for ALPA pilots’ interests. Of the 320 candidates ALPA posal ultimately is little more than supported, 294 won (275 House seats and 19 Senate seats, with one Senate outsourcing pilot jobs to a low-cost car- seat still undecided)—91 percent of all federal candidates who received an rier owned by their employers. Accord- ALPA-PAC contribution were elected to one of those influential positions on ingly, they have entered into a protocol Election Day. Read more about how pilot contributions put pilot-friendly in which they agree to cooperate to politicians in power by visiting Crewroom.alpa.org. In the left-hand menu, protect the interests of their members. click on the Legislation and Politics icon and then ALPA-PAC. Under Under the United-ALPA agreement, ALPA-PAC News, click on Role in the 2008 Elections. there is a very substantial case to be made that the creation of the new airline is a violation of the pilots’ col- the issue, with the thought of seeking are in the midst of a dispute involving lective bargaining agreement (CBA). It legislative relief. U.S. ALPA is determin- the airline’s refusal to pay mandated pay is also clear that the codesharing and ing whether this can also be taken raises and will likely find themselves revenue sharing in Phase I and II do up in the EU-U.S. negotiations on air negotiating over this issue as well. not fall within the meaning of those service agreements. The United MEC, as part of U.S. terms under the CBA. The situation on the European ALPA, is working closely with Irish The United pilots began negotiating side is somewhat different. As a legal ALPA, Spanish ALPA, the European a new contract in April; the proposed matter, the carriers appear to be of the Cockpit Association (ECA), and the United-Aer Lingus arrangement prom- view that the new airline will stand on International Federation of Air Line ises to be a major topic for discussion the same footing as British Airways’ Pilots’ Associations (IFALPA) to take between the parties and must be re- OpenSkies Airline. Aer Lingus has whatever steps are required to oppose solved. The United pilots have already taken the position that Phases I and II such arrangements. Together, we will brought this to the attention of the of this proposed operation would be work closely to prevent managements United Board of Directors and will permitted under its “Global New Base from considering such outrageous ways continue to focus on it there. Agreement” with Irish ALPA. to outsource our jobs and undermine U.S. ALPA is also currently studying However, Irish ALPA and Aer Lingus our profession.

June/July 2009 Air Line Pilot 25 ALPA’S GLOBAL STRATEGIC PLAN Global Alliances Grow, Change

Today, these alliances continue between airlines and granting an- As global airline efforts to recruit unaligned airlines in titrust immunity to cooperative ar- alliances continue Latin America, Russia, Africa, and the rangements, including joint ventures. to grow, their Asia-Pacific region to provide better Antitrust immunity allows airlines networks than their competition. De- within the group to coordinate fares, membership and cisions to join alliances are based on schedules, marketing, and other oper- structure continue contributions to the network, not air- ations. Joint ventures are even closer to evolve as well— line size, and many emerging-market relationships whereby airlines within but what does this airlines must work to meet technology, the joint venture agree to share rev- mean for ALPA safety, and infrastructure requirements enue and/or profits on various routes members and other before joining an alliance. regardless of which airline operates Looking at these intercontinental that route. We need to pay extra-close airline employees? business arrangements and their attention to these types of arrange- By Ana McAhron-Schulz consequences for ALPA members ments because without the necessary Director, ALPA’s Economic and and other airline employees, we have protections in our contracts, they Financial Analysis Department, and seen two significant developments as could have a negative effect on flying IFALPA Industrial Advisor the members of these alliances move opportunities for our members. (See major development in the toward greater cooperation. These are “United, Aer Lingus Plan Alter-Ego globalization of the air- the developments of joint ventures Airline,” page 24.) Aline industry has been the emergence of three main global airline alliances. Star Alliance was born in The biggest news regarding 1997, in 1998, and SkyTeam shifting alliance memberships is in 2000. These alliances now comprise that Continental Airlines plans more than half of global airline capac- to leave SkyTeam and join Star ity, and nearly 60 percent of passengers Alliance in October 2009. travel on an alliance member airline. The goal of alliances continues to be to offer the most comprehensive network to customers. For passengers, especially frequent fliers on interna- tional routes, airline alliances offer more destinations, better value, more rewards, smoother transfers, superior quality, greater support, and other customer services and benefits. For the member airlines, the benefits are higher revenues, a certain level of cost savings, and the ability to attract passengers away from the other alli- ances. Sharing facilities (co-locating terminals and gates), developing com- mon information technology systems, setting up joint ventures, leveraging combined purchasing power, and feed- ing passengers into the routes of each other have improved alliance mem- bers’ revenue and profit-generating abilities significantly. WILLIAM A. FORD

26 Air Line Pilot June/July 2009 White House to ALPA: We’ll Look at Alliances’ Effect on Workers Through the three evolving global other benefits to airline travelers. airline alliances, U.S. and foreign air- They can also help the alliance lines are now coordinating pricing, members to compete and improve sales, marketing, ground operations, their profitability. However, while customer service programs, and the DOT has examined the effects SkyTeam and join Star Alliance in Octo- capacity and route determinations of these alliances on consumers and ber 2009. Antitrust immunity for Star’s in their international services. Some competition, the Department has United, BMI, Air Canada, Austrian, of their joint venture agreements not made any detailed assessment , LOT, SAS, Swiss, and TAP include profit- or revenue-sharing of the effect of these alliances on went into effect March 30, 2008. Conti- and are explicitly designed to achieve U.S. airline jobs. nental filed a request with the DOT to “metal neutrality”—i.e., an indiffer- The Association has been work- join Star and receive antitrust immunity ence on the part of the alliance part- ing with the Obama administra- with these nine Star members. ners as to which of them operates the tion to have the Task Force on In addition, United and Continental airplanes that fly the alliance routes. the Middle Class closely examine will partner in a broad codesharing These airlines—which include alliances between U.S. and for- agreement and cooperate on frequent- such large U.S. airlines as American, eign airlines. On May 28, ALPA’s flier programs, elite customer recogni- Continental, Delta, and United— president, Capt. John Prater, sent tion, and lounges. United, Air Canada, have sought grants of immunity a letter to President Obama asking Lufthansa, and Continental are also from U.S. antitrust laws from the him to assign the Task Force the planning to take their relationship a U.S. Department of Transportation job of considering the potential step further and are pursuing establish- to avoid being exposed to the risk of effect of these alliances on U.S. air- ing a joint venture known as Atlan- legal challenge to their joint activi- line workers. Prater clearly stated tic++, which would allow these carriers ties by third parties. Some of these ALPA’s strongly held belief that to share profits on defined routes re- applications have been approved; the U.S. government must ensure gardless of which airline operates a par- others are pending. The airlines that these alliances do not result ticular route. The pilot groups of these seeking antitrust immunity for their in outsourcing North are working closely together on alliance activities have generally pilot jobs overseas. this proposed joint venture to ensure been U.S. and European airlines, but He urged that the requested there will be no whipsawing of pilot they have plans to include airlines examination of the effect of airline groups within the joint venture. from around the world. alliances on U.S. airline workers “be With its move to Star, Continental The alliances affect not only the done in an expeditious manner as brings to its new alliance a New York direct member airlines but their the alliances are rapidly deepening City area gateway (Newark), a U.S.-flag entire networks of express carriers as and evolving.” The day after send- Atlantic operation, U.S.-flag Air Micro- well. They also have the potential of ing the letter, Prater received a call nesia, and a U.S.-flag Central American extending to the world of air cargo. from the White House to discuss operation. Copa, Continental’s main Immunized alliances do have the ALPA’s concerns and requests in partner in Latin America, plans to fol- potential to lower costs and provide detail. low Continental to Star. Continental’s planned entrance into Star will make US Airways the “odd Star Alliance picks up will also join Star, as one out,” as US Airways will be the Continental Lufthansa acquired a 45 percent stake in only U.S. airline in Star not included in Star, the largest global alliance, con- the airline. The Belgian airline will sup- the antitrust immunity and the joint tinues to expand. ply an alternative European gateway in venture, raising speculation of whether Approximately 500 Brussels and will focus on regional con- another alliance shift will take place. million passengers nections and onward service to Africa. per year travel to After losing its only Latin American SkyTeam 912 airports in 159 airline, Mexicana, in 2007, Star could Being the “odd one out” is the reason countries on Star now overtake oneworld as the largest Continental plans Alliance carriers. alliance in the region by adding TAM, to leave SkyTeam, and EgyptAir joined TACA, and Copa, each of which is be- the second larg- the alliance in 2008. Star is expected to ing consider for membership. est alliance, which add to its membership and However, the biggest news regard- carries 462 million also continues to seek new members to ing shifting alliance memberships is passengers annually broaden its network in Africa. that Continental Airlines plans to leave to 905 destinations in 169 countries.

June/July 2009 Air Line Pilot 27 ALPA’S GLOBAL STRATEGIC PLAN

Continental became the “odd one out” per year. Should DOT deny oneworld’s (D-Minn.), chairman of the U.S. House when SkyTeam carriers Air , Ali- application, however, oneworld would of Representatives Transportation and talia, CSA , Delta, KLM, be the only global alliance without Infrastructure Committee, has intro- and Northwest applied for and received comprehensive antitrust immunity duced legislation that would require DOT transatlantic antitrust immunity. and, as a result, could lose current the DOT to review alliance antitrust In addition, last year SkyTeam carriers members to other alliances. immunities every 3 years. Delta and formed a joint For example, if the proposed merger Additional issues to consider among venture whereby they shared profits of British Airways and falls alliances include continual shifts in on certain routes regardless of which through, Lufthansa could be tempted alliance membership; the potential carrier operated that particular flight. to make a bid for Iberia to close the Lat- impact that consolidation among mem- Within the last month, that joint in American hole in its network, caus- bers of the same alliance may have on venture has been expanded to include ing Iberia to move to Star. Also, British other partners; the potential impact of KLM and the operations of Northwest Airways and Iberia’s deal to share Brit- consolidation among members of dif- as part of the merger between Delta ain-Spain routes could be jeopardized, ferent alliance groups; and the potential and Northwest. SkyTeam is also pursu- causing Iberia to join another alliance. impact of increased cooperation among ing expansion by courting Latin Ameri- some members that may cause the “odd can, European, and Asia-Pacific airlines. Arabesk: unofficial one out” to leave the alliance. and Tarom are ex- fourth alliance Another potential prospect is pected to join SkyTeam, which is also Launched in 2006, Arabesk is a Middle that of new low-cost carrier (LCC) link- considering adding Kingfisher, Garuda Eastern network cooperating project un- ups, which could increase competition Indonesia, Middle Eastern Airlines, and der the umbrella of the Arab Air Carriers for alliances or lead to LCCs joining Nui. Organization; nine airlines—EgyptAir, alliances. For example: Etihad Airways, Gulf Air, Middle East • The partnership of Aer Lingus and Jet- oneworld Airlines, Saudi Arabian Airlines, Syrian Blue led to a joint marketing campaign Celebrating its 10th anniversary, one- Arab Airlines, , Tunis and an agreement to let passengers world transports Air, and Yemen Airways—are members. book connecting flights on each airline. approximately 330 This unofficial alliance aims to strength- • Star has created confidentiality million passengers en market share and align schedules of guidelines for United, Lufthansa, and annually to nearly member airlines. Members have already Continental that address conflict-of- 700 destinations in begun cooperative efforts, including interest concerns about Lufthansa’s 150 countries. The codesharing. investment in LCC JetBlue. alliance is increasing market share in the • Southwest has announced plans to “white spots” on its global route map— Global alliance challenges codeshare with WestJet in Canada and Latin America, Russia, India, and China. Several challenges confront global with Volaris in Mexico. Mexicana and its subsidiary, Click Mexi- airline alliances. One of the biggest cana, will join oneworld in late 2009. unknowns right now is how the U.S.- Global pilot alliances At the same time, however, one- EU “Open Skies” accord will affect the Paralleling the development of the big world’s future is being challenged as airline industry—i.e., how alliances will three global alliances are three global the alliance awaits DOT approval change if the Stage 2 Open Skies agree- pilot alliances—the Associations of Star of its application for antitrust immu- ment goes into effect or, on the other Alliance Pilots (ASAP), created in 1997; nity for American, British Airways, hand, if the U.S. and the European the oneworld Cockpit Crew Coalition , Iberia, and Royal Jordanian, Union are unable to reach an agreement (OCCC), which dates to 1998; and which oneworld hopes to obtain by by the November 2010 deadline. the SkyTeam Pilots Association (SPA), September or October 2009. American, And concerns about international formed in 2000, with the three mem- British Airways, and Iberia have also competition and pricing have surfaced bers of the Wings Pilot Coalition (KLM, asked for approval of a joint venture on both sides of the Atlantic: Both the Northwest, and Continental) joining agreement on transatlantic flights. If DOT and the European Commission SPA in 2004. that request is granted, the joint ven- want more information about one- These pilot alliances have the same ture claims it could achieve revenue world’s request for antitrust immunity. basic goals and objectives—to promote and cost synergies of $400–800 million In the U.S. Congress, Rep. Jim Oberstar and maintain the highest levels of

28 Air Line Pilot June/July 2009 SkyTeam Pilots Association Meets in to Aid Italian Brethren

with absolutely no regard for senior- make decisions based solely on the By Capt. Rick Dominguez ity. pilots were selected purely safety of the traveling public and (Delta), Chairman, ALPA based on what aircraft they were flying the safety of their aircraft. International Affairs Committee and where they lived, while all Air One The most successful airlines in On May 21, the SkyTeam Pilots Asso- pilots retained their jobs. As a result, the world recognize that pilots ciation (SPA) met in Rome in a spe- more than 800 Alitalia pilots—ranging must represent pilots. Members of cial meeting at the request of ANPAC from B-777 captains to MD-80 first professional unions represent all (Associazione Nazionale Piloti Aviaz- officers—were laid off. of the SkyTeam pilot unions. The one Commerciale), the pilot union ANPAC refused to accept this out- companies in SkyTeam have long representing the majority of Alitalia come, and 6 months later is still fight- recognized the great value that this pilots. The goal of the meeting was ing to regain pilot representation, to form of representation provides to to help ANPAC fight management’s fix the abomination of the seniority the success of their companies and efforts to circumvent its represen- list integration, and to negotiate a new global alliances. tational rights, impose contractual contract. The pilots of SPA attended But it’s not just the safe opera- terms, and disregard their seniority this meeting to put Alitalia manage- tion of the flight that today’s pilots rights. SPA represents more than ment on notice that its relationship bring to the table. We must, and 25,000 pilots at the nine member with the pilots must promote a strong, have, fashioned relationships with airlines of the SkyTeam Alliance. collaborative working partnership. our managements that allow our As part of Alitalia’s bankruptcy Such a relationship will ensure the airlines to successfully compete in restructuring at the end of 2008, highest levels of aviation safety and the marketplace. Capt Mike Pinho the airline was acquired by CAI, a security throughout the airline. (Delta), the current chairman of consortium of Italian companies. Today’s professional pilots, unlike SPA, emphasized, “The new owners After taking control, CAI began talks any other labor group, are uniquely of Aliltalia must realize that a pro- with the large Italian confederal situated to help airlines succeed and ductive, positive relationship with unions, which represent the ground compete in this difficult landscape. Our a professional pilots’ union is the staff. CAI and the confederal unions view from the cockpit is not a narrow most effective way to success. Pilots agreed to exclude and negate ANPAC’s one. We interact with every facet of the representing pilots is the most effec- representation of the pilots. CAI and airline operation. Whether it’s on the tive way to success. You see it before the confederal unions agreed to one ground, in the cabin, or while cruising you here today, from all corners of contract that covers ground staff, in flight at 35,000 feet, we are continu- the globe. And ANPAC representing flight attendants, and pilots. ously solving problems to ensure that Alitalia’s professional pilots is the While this was going on, Ali- we safely reach our destination and only way to ensure the success of talia was merged with Air One, a land our aircraft. the new Alitalia.” smaller airline flying solely A320s. However, today at Alitalia, manag- We must continue to help our Ali- As a result of this merger, contract ers with no flight experience rou- talia brothers and sisters as they battle terms were imposed on the pilots, tinely question experienced pilots on the shortsighted decisions of manage- and they lost all of their contrac- their operational decisions. Several ment. ANPAC’s losing the right to tual protections. Most grievously, pilots have been unjustly disciplined represent its pilots must be corrected, integrating the two pilot groups and/or terminated. Experienced, and we will help our fellow Italian into the airline was accomplished professional pilots must be allowed to pilots achieve that goal. safety; to promote and protect their al alliances. However, two additional to whipsawing, given their common members’ interests, including providing pilot alliances have been created. One ownership bonds. mutual assistance (see sidebar above); to is the TUI Pilots’ Alliance, which repre- F/O Ron Abel (United), vice- work for a fair and equitable distribution sents a group of mostly non-scheduled chairman of the ASAP Executive Board of flying opportunities; and to share airlines flying throughout Europe and and a member of ALPA’s International information. The three global pilot al- the Middle East that are under com- Affairs Committee, states, “In ASAP, liances have become more formalized, mon ownership. The other is the Global we’ve taken a number of steps to refine with signed protocols spelling out their Pilots Cargo Alliance, which represents our articles of association to become purpose and how they work. They have pilots within the DHL/Deutsche Post more efficient and to take advantage officers, regular meetings, websites, and ownership group including the pilots of having a very varied group of pilots. other means of communication. who fly for ASTAR. The goals of these In some of their countries, industrial These pilot alliances were formed as a two pilot alliances are similar to those of action is not legally possible, so we’ve result of airlines establishing these glob- others except that they are more exposed made changes in the articles to adapt

June/July 2009 Air Line Pilot 29 ALPA’S GLOBAL STRATEGIC PLAN

U.S.-Japan Talks In mid-May, the United States and lopsided situation would clearly favor States recognizes what the Japanese Japan met in government-to-gov- Japanese airlines with their extensive feel are too many U.S. slots at To- ernment session—i.e., no outside slot holdings, gates, cargo facilities, and kyo’s other international airport, parties were allowed to participate— traffic feed at HND. U.S. airlines cannot Narita (NRT), which the Japanese in their latest round of discussions offer competitive departure times dur- say give the United States “unfair on whether to amend the air ser- ing the overnight period (the perfect competitive advantage.” And All vices agreement between the two window for HND departures to U.S. Nippon Airways (ANA) wants anti- countries. The two governments mainland and Pacific resort markets), trust immunity with its Star Alliance decided to hold the next round of because they have no airplanes in partners, which include United. talks July 8–10 in Japan. position and would have to either park On April 10, United CEO Glenn In previous rounds of talks, one airplanes at HND during the day or Tilton gave a speech at the Ameri- of the most challenging issues has wait to depart during the uncompeti- can Chamber of Commerce in been how to handle the opening of tive early-morning hours. Japan, saying the time has come a fourth runway at Tokyo’s Haneda Capt. Paul Rice, ALPA’s first vice- for Open Skies between the United Airport (HND)—expected to open president, explains, “ALPA continues States and Japan. next year—and the concern on the to argue that if Haneda is opened to Perhaps such an arrangement part of U.S. airlines that Japan may transpacific operations, it must be done would be good for United Airlines, try to use that opening to give its in a manner that allows U.S. airlines to the corporation; whether it would airlines a competitive advantage have a fair and equitable opportunity benefit the pilots and other employ- over U.S. airlines (see “Global View: to compete with Japanese airlines.” ees of United—and those of other U.S.-Japan Air Service Talks Raise Currently, the Haneda conundrum is U.S. airlines—is a very different ques-­ Concerns,” October 2008). one of four major issues to be negotiated. tion. ALPA’s Legal Department, which In brief, Japan has proposed a The U.S. State Department continues follows U.S. bilateral negotiations daytime “perimeter rule” at HND, to try to negotiate an “Open Skies” closely, will continue to keep the State but no perimeter rule for scheduled agreement with Japan; the Japanese Department informed of its con- passenger flights during the over- have said they’re willing to talk about cerns about these important issues. night hours (10 p.m.–7 a.m.). This Open Skies, but only if the United —Jan W. Steenblik, Technical Editor

to that. This will sharpen our focus on ALPA’s president, Capt. John Prater, as Capt. Paul Rice, says, “it’s still true that the challenges we face.” the luncheon speaker; the next forum capital is global, but labor law is local. ASAP maintains a close working rela- is scheduled to be held in Brussels in That’s a big problem. tionship with Star management. “Star late June. Representatives from ALPA “Look at British Airways’ OpenSkies, CEO Jaan Albrecht recently announced and the European Cockpit Associa- which flies four B-757s between Paris, that Star will grow to potentially 50 tion (ECA), an organization of 36 na- Amsterdam, and New York. These members,” Abel notes. “We’ve invited tional flight crew associations, met in aircraft are British Airways aircraft but him to attend our next ASAP meeting Amsterdam in November and again are flown by non-BA pilots. The routes in Switzerland in September.” in May in Washington, D.C. Capt. that OpenSkies flies are possible only ALPA’s International Affairs Com- Rick Dominguez (Delta), chairman of because of the EU-U.S. Open Skies mittee (IAC), which consists of ALPA ALPA’s IAC, says, “ECA and U.S. ALPA agreement, which permits any Ameri- pilots from each of the three global are pretty much on the same track on can or European airline to fly to and pilot alliances, has been active in other how to respond to our governments” from any European or U.S. airport. arenas that can have implications for regarding global airline alliances as well OpenSkies may not be growing, but it’s the global alliances and their pilots. as several other developments related still operating, and that’s proved the The 2-day EU-U.S. Aviation Forum on to the U.S.-EU negotiations. point—right now, they can get away Liberalization and Labor, held in Wash- “Despite the economic downturn,” with it, and labor can’t stop it. We ington, D.C., last December featured the Association’s first vice-president, need to change that.”

30 Air Line Pilot June/July 2009 ALPA’S GLOBAL STRATEGIC PLAN Pilots Help Write Global Standards to Combat Fatigue

Committee, notes, “ALPA didn’t have ence the ICAO process, we did so. ALPA, through a direct input to this process, because “At the end of the day, IFALPA had a IFALPA, helps craft there are only two permanent observ- pretty significant effect on the outcome the framework for ers to ICAO—the International Air of these ICAO standards. There’s a new ICAO standards Transport Association (IATA) and the real reason why we do things through International Federation of Air Line IFALPA, and this is a perfect example.” regarding flight and Pilots’ Associations (IFALPA)—so we Capt. Paul McCarthy (Delta, Ret.), duty time limits and provided our input through IFALPA. the IFALPA rep to ICAO, adds, “This rest requirements based on scientific principles and “At the end of the day, IFALPA had a knowledge pretty significant effect on the outcome By Jan W. Steenblik of these ICAO standards. There’s a Technical Editor real reason why we do things through “ or the purpose of managing IFALPA, and this is a perfect example.”­ fatigue, the state [country] of —Capt. Don Wykoff (Delta), ALPA’s Executive Fthe operator shall establish Administrator and chairman of the ALPA Flight regulations specifying the limitations Time/Duty Time Committee applicable to the flight time, flight duty periods, duty periods and rest periods for flightcrew members. These regulations shall be based upon scien- amendment is the product tific principles and knowledge [emphasis of eight years of work in the added], where available, with the aim [ICAO] Operations Panel, and of ensuring that flight crew members IFALPA was a prime player. We are performing at an adequate level of [IFALPA] helped to write the alertness.” framework. We put out a stan- So says a critical paragraph in the dard that we hope will get the latest update to Annex 6 (Operation job done. The central message of Aircraft), part of the international is, you must base the prescrip- agreement of the 190 states (countries) tive regulations on science.” that belong to the International Civil Wykoff notes, “Within ALPA, Aviation Organization (ICAO), the we’ve been very consistent in aviation arm of the United Nations. our message about pilot fatigue Signatories to the ICAO Convention during the last few years—the agree to abide by the international three big items we need are an standards and recommended practices opportunity for eight hours (SARPs) set by the ICAO Council or file of sleep, not eight hours away official “differences” noting their non- “We wanted to synchronize overhaul from the aircraft; an appropriate-length compliance with a particular section of of IFALPA policy on flight and duty duty day; and provisions for ultra-long- an Annex. time limits and rest requirements with range and back-side-of-the-clock flying. The ICAO Council adopted the overhaul of the ICAO standards,” “I think it would be difficult for the amendment in May. The deadline for Wykoff continues. “Capt. Rick Brennan FAA to have new flight and duty time states to comply with the new SARPs is (BALPA, Ret.), of the IFALPA staff, Capt. regulations out by November 19, but Nov. 19, 2009. Greg Fallow (New Zealand ALPA), and we’re optimistic that, with a new FAA Capt. Don Wykoff (Delta), ALPA’s I served on a work group to tackle this administrator and principles based in Executive Administrator and chairman project. As we went along, whenever science, we can achieve real change in

of the ALPA Flight Time/Duty Time we saw an opportunity to try to influ- the near future.”   

June/July 2009 Air Line Pilot 31 ALPA’S GLOBAL STRATEGIC PLAN

ICAO Guidance Material for Developing Fatigue Management Regulations Amendment 33 to ICAO Annex 6 of Prescriptive Fatigue Management the flight duty period; the pattern of introduces new definitions of such Regulations,” to help the ICAO working and sleeping relative to the important terms as “duty,” “duty member states develop their own circadian rhythm, or 24-hour physi- period,” and “fatigue,” and updates regulations. ological cycle of the flight or cabin definitions of “flight duty period” and Some highlights: crew; the scheduling of days off; the “rest period.” • Two types of fatigue must be taken sequence of early reporting times and The new SARPs call on operators to into account—transient (“fatigue that late releases from duty; mixing early/ establish flight time and duty period is dispelled by a single sufficient pe- late/night duties; and flight operation limitations and rest requirements riod of rest or sleep”) and cumulative characteristics. “that enable it to manage the fatigue fatigue. • “No numerical values are shown in of all its flight and cabin crewmem- • “All time spent on duty can induce this example because differences of cul- bers,” to be approved by the state, and fatigue in flight and cabin crewmem- ture between states can lead to differ- included in the airline’s operations bers, and should therefore be taken ent perceptions as to what is acceptable manual. The new standards also into account when arranging rest and what is not. • “When deciding what numerical values should be inserted, states should The amended Annex 6 does not set take into account the results of relevant specific numbers of hours for flight and scientific principles and knowledge, duty time limits and rest requirements, past experience in administering such leaving the individual nations to regulations, cultural issues, and the establish the actual numbers. The nature of operations intended to be amendment includes an attachment, undertaken. • “Duty includes all tasks carried out “Guidance Material for Development at the behest of the operator. These of Prescriptive Fatigue Management include, but are not limited to, pre- Regulations,” to help the ICAO member flight preparation; conduct of the flight states develop their own regulations. (whether or not this is commercial air transport); post-flight actions; training given or received (classroom, flight acknowledge that “regulations may periods for recovery. Standby may be simulator or aeroplane); rostered office/ not cover every eventuality encoun- included as duty if it is likely to induce management time; and positioning. tered in a dynamic operational fatigue. Standby should be included to the environment” and must “permit • “An important safeguard is for states extent that it is likely to induce fatigue. the operator a degree of flexibility… and operators to recognize the respon- • “Where airport standby is immedi- in making adjustments in its fatigue sibility of a crewmember to refuse ately followed by a flight duty period, management scheme to account for further flight duty when suffering from the relationship between such airport changing circumstances.” fatigue of such a nature as to adversely standby and the assigned flight duty The amended Annex 6 does not affect the safety of flight. should be defined. In such a case, set specific numbers of hours for flight • “States should consider all relevant airport standby, if it is likely to in- and duty time limits and rest require- factors, which include the number duce fatigue, should be considered as ments, leaving the individual nations and direction of time zones crossed; part of a duty period and should be to establish the actual numbers. The the time at which a flight duty period taken into account to calculate the amendment includes an attachment, is scheduled to begin; the number of minimum rest preceding a subsequent “Guidance Material for Development planned and/or actual sectors within flight duty period.

32 Air Line Pilot June/July 2009 CANADIAN PILOT FATIGUE IN TODAY’S WORKING ENVIRONMENT The long-term solution to dealing The presentation certainly provided duty hours per consecutive days. with flight crew fatigue will require much food for thought on pilot fatigue • have no provisions applicable to a combination of science-driven and how to best handle it. In a nutshell, the relationship between time spent regulations on flight and duty time Gauthier said, the science of flight and on reserve and assignment of duty limitations and rest requirements, duty limitations points to the maxim, time. Fatigue Risk Management Systems, “Work hardest when best able!” • include split duty rules that do scheduling, and personal strategies. But what does that translate to in not permit adequate rest. That’s the message a Canadian the details of daily (and nightly) life? • do not consider ultra-long-range pilot safety leader delivered to a gath- Gauthier served up an excellent prim- flying. ering of key Canadian aviation safety er on what science has taught us about Global review of flight and duty executives in Ottawa on May 7. fatigue; the effects of flight operations, time limits and rest requirements Capt. Martin Gauthier (Air Transat), aircraft environmental factors, and is under way throughout the world a member of the ALPA President’s circadian disruption on fatigue; and the airline community. Particularly Blue Ribbon Panel on Fatigue during effects of pilot fatigue on performance. noteworthy are the European Avia- 2007–2009, gave the well-received He also discussed the benefits that both tion Safety Agency (EASA) initia- presentation to the Canadian employees and management can obtain tive to overhaul these regs, and the Aviation Executives’ Safety Network from a Fatigue Risk Management Sys- International Civil Aviation Orga- (CAESN), an annual assembly for tem, a scientifically based, data-driven nization (ICAO) recently adopted Canadian aviation leaders. process used to continuously monitor new international standards and Transport Canada (TC) created and manage fatigue risks. recommended practices (SARPs; see the CAESN several years ago “to page 31) that will go into effect No- identify aviation safety challenges Fatigue-related CARs vember 19 in states (countries) that and mitigation strategies and pro- shortcomings are signatories to ICAO Annex 6. vide a forum for dialogue regarding Gauthier warned that, even though As part of this global drive, and the the viability and direction of the the Canadian aviation regulations ICAO November deadline for com- aviation industry in Canada.” The (CARs) regarding flight and duty time pliance, Transport Canada needs to first CAESN meeting took place in limits were updated in 1996, several update the flight-time/duty-time Montreal in April 2003. TC added inadequacies in those CARs remain, CARs based on scientific principles that the 2009 CAESN meeting because they and knowledge. would be “particularly important • are not based on science. To view the full presentation, visit since feedback obtained during the • have no provisions for variable maxi- the CAESN website at www.tc.gc. day will contribute to development mum daily duty hours based on time ca/CivilAviation/regserv/affairs/ of civil aviation’s next strategic of report or number of sectors to be CAESN/menu.htm. Scroll down plan,” including “the vision for our flown. and click on Presentations.—Jan W. safety in 2015 and beyond.” • have no provisions for maximum Steenblik, Technical Editor

• “All time spent positioning counts members affected, may reduce on more than [a specified] percent of oc- as duty, and positioning followed by an actual flight duty period and/or casions when a particular route or route operating without an intervening rest increase a minimum rest period in pattern is flown, it is likely that the period also counts as flight duty. order to remove any adverse effect on intention of this guidance is not being • “The pilot in command, at his/her flight safety. met and undue fatigue may result. discretion in consideration of special • “The operator should…keep records Arrangements should be made to circumstances that could lead to un- of occasions when a pilot in command change the schedule or the crewing foreseen levels of fatigue and after has exercised his discretion…. If discre- arrangements so as to reduce the fre- discussion with flight or cabin crew- tion has to be applied for similar reasons quency at which such events occur.”

June/July 2009 Air Line Pilot 33 ALPA’S GLOBAL STRATEGIC PLAN

‘THE ONLY CONSTANT IS CHANGE’ in removing trade barriers and creating the internal market into a European By Capt. Martin Chalk a truly open and single market across Common Aviation Area; President, European Cockpit the whole continent. The national • The (almost complete) efforts to Association aviation authorities (NAAs) in the EU negotiate European, rather than na- We must never believe the “fight” have already ceded responsibility for tional, designation of airlines in all is won—not the fight to improve aircraft and part certification, and for other air transport agreements; and aviation safety, nor the fight to win operator and personnel licensing and • Wide-ranging economic liberali- fair terms and conditions for our operations regulations, to the European sation of the transatlantic markets employment. Our ability to engage Aviation Safety Agency (EASA), Europe’s with EU-U.S. “Open Skies” Stage 1 in both areas is at risk after rounds equivalent to the FAA. As plans to add and EU-Canada agreements. of liberalisation in the United States, regulation of airports and air navigation All EU airlines can now operate Canada, Europe, and across the North service providers are completed, the Eu- from anywhere in the EU to virtually Atlantic; the basic services offered ropean pilot associations/unions need anywhere on Earth without restric- by professional pilot associations are tion—yet as they expand via acquisi- being undermined as a direct result of tion, merger, “alter-ego” airlines, and the unbalanced rules being put into organic growth, the labour relations place to govern the way airlines are framework is rooted firmly in na- structured and operate. tional law. This creates great chal- We work in an industry used to lenges for us in representing pilots’ rapid change and solving problems interests. For example, when easyJet with innovation. We have taken established bases in five EU coun- highly complex equipment and hu- tries (UK, France, Germany, Spain, man crew challenges and resolved and Italy), ECA was instrumental in them by developing safe and effec- seeking a cooperative arrangement tive SOPs and CRM techniques. to complete the reorientation of their among the ALPAs in each of these This would not have happened as expert input to rulemaking. countries. After much hard work by effectively without the expert work The professional cockpit crew associa- the pilot representatives from easyJet of the professional pilot associations tions across Europe formed the Euro- and the national ALPAs, easyJet has of the world. ALPA has long been the pean Cockpit Association (ECA) in 1991 been persuaded to recognise these largest affiliate to the International to help coordinate input to the Joint arrangements. However, other air- Federation of Airline Pilots’ Associa- Aviation Authorities (JAA), the spiritual lines have not been so farsighted. tions (IFALPA). IFALPA and IATA are forerunner of EASA. As the cooperative Some years ago, British Airways (BA) the only two permanent observers to approach of the JAA (with sovereignty chose Manchester as a base for a new the work of the International Civil retained by the NAAs) has evolved into transatlantic service, and the British Aviation Organization (ICAO), which the binding legislative approach of Airways Company Council (MEC) brings together almost all the world’s EASA, ECA has updated its structures negotiated appropriate arrangements aviation safety authorities and leads to deliver more effective input to all EU for the pilots; however, inadequate in setting operating methods and institutions. ECA technical committees EU legislation recently stopped the standards to improve safety across are now the engine room of profes- BACC from seeking to negotiate on the globe. IFALPA and IATA contrib- sional pilot support to European civil behalf of those BA pilots operating ute much more than what the term aviation rulemaking and legislation. new Paris- and Amsterdam-based “observer” implies. While technical functions have been transatlantic services! To serve a domestic market, an moved to the European level, the ability ALPA’s cooperation has supported airline must satisfy the domestic to organise all the pilots of a European IFALPA’s Strategic Review Group and regulator that the airline operates airline in one union group has been ECA in trying to redress this attack safely. If the airline offers interna- eroded. A number of factors contribute on workforce rights. If we fail, our tional services, the regulator and the to this degradation of union rights: ability to protect our safety record airline must adhere to ICAO Stan- • Completion of the internal aviation and our employment conditions dards and Recommended Practices market in 1997, which meant any EU will be threatened. ECA is commit- (SARPs), too. In Europe, this has been airline could operate across all EU states ted to taking whaetever actions are complicated by the creation of the without restriction; necessary to succeed—the fight is European Union (EU) and its success • Subsequent success in expanding never won.

34 Air Line Pilot June/July 2009